By Jon Newton 3/7/05
The Big Music cartel has lost another one.
It instructed its IFPI (International Federation for Phonogram Industry) to bully Russian authorities into closing down AllofMP3.com. But its muscle tactics didn't work, says a post on the site quoting a Tass News Agency report.
A translation on the AllofMP3.com site reads:
Moscow, March 4. /Prime-Tass/. The Prosecutor of the Moscows South-Western district rejected to initiate a criminal case against distribution of music recordings by AllofMP3.com Internet resource. The Prime-TASS was informed of this by an informed source.
The writ about copyright violations by AllofMP3.com owners was submitted to the Prosecutors Office of Moscows South-Western administrative district on February 24, 2005 on behalf of the International Federation for Phonogram Industry /IFPI/.
During the investigation the Prosecutors Office found that the AllofMP3.com owners in fact did distribute music recordings via the online resource. However, the holder of right for these recordings did not authorize to distribute them for commercial purposes.
At the same time, the Prosecutor found that the Russian Law on copyright does not qualify Internet in legal terms, whereas the authors property rights are extended to distribution of copies of their works by any means. Along with that, the Prosecutor says that from judicial point of view, distribution of any works via Internet is impossible because it would be a digital transfer, whereas the current Russian legislation necessitates corporeal transfer of works only.
Besides that, the Prosecutor concluded that, distribution of works does not result in making a new copy of the work, but only creates conditions for being utilized by end consumer.
On these grounds, the Prosecutors Office in Moscows South-Western district rejected initiation of a criminal case against the Internet resource officials due to absence of corpus delicti.
It'll be interesting to see how the cartel fares in its March 29 effort to get the US Supreme Court to rule that p2p application owners are responsible for user activities, and in Australia where it's after Kazaa owner.Sharman Networks
Jon Newton is the editor of p2pnet.net and is a regular contributer to MP3 Newswire. Jon's site is devoted to the politics of digital music and his insights as well as those of his co-writers can be read there. We urge you to explore it.
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